Sarah Burns is suing her lawyer, Tom Lachey, for the return of property worth $20,000 that she had given him. She had signed a properly sealed document making the gift to him. She says she knew what she was signing but felt overwhelmed by his manner. It will be up to Sarah Burns to prove on the balance of probabilities that she was unduly influenced by Tom Lachey.

Question

Quizplus · Accepted Answer

In cases of undue influence, especially where a fiduciary relationship exists (such as between a lawyer and client), the burden of proof may shift to the party who is in the position of influence (in this case, Tom Lachey) to prove that there was no undue influence exerted.

Sarah Burns Is Suing Her Lawyer, Tom Lachey, for the Return